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HomeMy WebLinkAbout 05/08/2013 Council Agenda RF FIVFP COUNCIL MEETING NOTICE AND AGENDA WEDNESDAY, MAY 8, 2013 .13 NAY -2 p5 :37 9:00 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS OFFICE OF HISTORIC COUNTY BUILDING THE COUNTY CLERK 4396 RICE STREET, SUITE 209 COUP', OF KAUAI Lihu`e, Kaua`i, Hawai`i 96766 A. MEETING CALLED TO ORDER. B. ROLL CALL. C. APPROVAL OF AGENDA. D. MINUTES of the following meetings of the Council: �1. March 27, 2013 Council Meeting '2. April 10, 2013 Special Council Meeting ,3. April 10, 2013 Council Meeting 4. April 17, 2013 Special Council Meeting =5. April 24, 2013 Special Council Meeting 6. April 24, 2013 Public Hearing re: Bill No. 2474, Bill No. 2475, Bill No. 2476, Bill No. 2477, Bill No. 2478, Bill No. 2479, Bill No. 2480, Bill No. 2481, Bill No. 2482, Bill No. 2484, and Resolution No. 2013-47, Draft 1 E. CONSENT CALENDAR: / 1. C 2013-172 Communication (04/05/2013) from the County Engineer, transmitting for Council consideration, a Resolution Establishing Temporary Closure Of Through Traffic at `Eiwa Street, Lihu`e District, County Of Kauai. (See Resolution No. 2013-51) /2. C 2013-173 Communication (04/09/2013) from the County Engineer, transmitting for Council consideration, a Resolution Repealing An Existing Crosswalk On Po`ipu Road Fronting Koloa Elementary School, KOloa District, County Of Kaua`i. (See Resolution No. 2013-52) COUNCIL MEETING 2 MAY 8, 2013 /3. C 2013-174 Communication (04/09/2013) from the County Engineer, transmitting for Council consideration, a Resolution Establishing A Rapid Flashing Lighting System Crosswalk And An In-Road Warning Lighting System Crosswalk On Poipu Road In The Vicinity Of KOloa Elementary School, Koloa District, County Of Kauai. (See Resolution No. 2013-53) 4. C 2013-175 Communication (04/09/2013) from the County Engineer, transmitting for Council consideration, a Resolution Establishing Stop Signs And Stop Lines On `Olohena Road At Its Intersection With Ka'apuni Road, Kawaihau District, County Of Kauai. (See Resolution No. 2013-54) 5. C 2013-176 Communication (04/22/2013) from Councilmember Yukimura, providing written disclosure of a possible conflict of interest, regarding the proposed Fiscal Year 2013-2014 Operating Budget (Bill No. 2471) — Office of Economic Development (OED) "Other Services" line item for the "Kauai Planning and Action Alliance (KPAA) — Economic Plan Implementation (Keiki to Career Program)," as she serves on the Leadership Council that works on this particular program. F. COMMUNICATIONS: / 1. C 2013-177 Communication (03/06/2013) from Council Chair Furfaro, requesting the presence of Scott Matsuura and James Pacopac of JS Hawaii Consultants, LLC, to provide the County Administration, County Council, and the Department of Water with an overall update on the 2013 Hawaii State Legislative Session. 2. C 2013-178 Communication (04/15/2013) from the Housing Director, requesting Council approval to decline the repurchase of property in the Villas at Pu'ali, 1962 Haleukana Street, Unit No. 62, Lihu`e, Hawaii, and grant the owner a one-year waiver of the buyback to allow a market sale by the owner. �3. C 2013-179 Communication (04/15/2013) from Councilmember Yukimura and Council Chair Furfaro, requesting Council approval to release the County Attorney opinion dated April 10, 2013 relating to Bill No. 2467, pursuant to Rule 2(a)(4), Rules of the Council of the County of Kauai. COUNCIL MEETING 3 MAY 8, 2013 i 4. C 2013-180 Communication (04/16/2013) from the Director of Parks & Recreation, requesting Council approval to accept the donation of twenty-eight (28) Areca palms valued at $4,200 from Joseph Brun to be used to landscape areas at the Wailua Golf Course. l 5. C 2013-181 Communication (04/19/2013) from the Director of Parks & Recreation, requesting Council approval to accept a grant valued at $4,332 from the "Ananda Hawaii Fund" via the Hawai`i Community Foundation for the purchase of a new hydraulic lift chair to replace the chair that was vandalized in January 2013. 6. C 2013-182 Communication (04/23/2013) from Council Chair Furfaro, requesting the presence of the Director of Planning and the Prosecuting Attorney, to provide the Council with a briefing regarding the coordination of efforts between the Department of Planning and the Office of the Prosecuting Attorney to enforce the Transient Vacation Rental (TVR) ordinances and their plans for dealing with the various enforcement issues raised by the public and Councilmembers. 7. C 2013-183 Communication (05/02/2013) from the County Attorney, requesting Council approval to expend up to $75,000 for Special Counsel's continued services provided for Defendant Shaylene-Iseri Carvalho in Tim Bynum vs. County of Kaua`i, et al., Civil No. CV12-00523 RLP (U.S. District Court), and related matters. G. CLAIM: 1. C 2013-184 Communication (04/24/2013) from the Deputy County Clerk, transmitting a claim filed against the County of Kaua`i by Enterprise Rent-A-Car, for damages to its vehicle, pursuant to Section 23.06, Charter of the County of Kaua`i. COUNCIL MEETING 4 MAY 8, 2013 H. COMMITTEE REPORTS: 1. HOUSING & TRANSPORTATION COMMITTEE: 1%' a. CR-HT 2013-03: on Resolution No. 2013-47, Draft 1 - RESOLUTION DETERMINING THE COUNTY OF KAUAI FUEL TAX RATE AND REPEALING RESOLUTION NO. 2004-06, DRAFT 2 [Motion to Approve as Amended; Failed] / b. CR-HT 2013-04: on Bill No. 2480 A BILL FOR AN ORDINANCE AMENDING CHAPTER 17A, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO BUS FARES [Approved as Amended.] c. CR-HT 2013-05: on Bill No. 2481 A BILL FOR AN ORDINANCE AMENDING SECTION 5-2.4, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO MOTOR VEHICLE CERTIFICATE OF OWNERSHIP AND REGISTRATION FEES [Approved.] d. CR-HT 2013-06: on Bill No. 2482 A BILL FOR AN ORDINANCE AMENDING SECTION 5-2.3, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE COUNTY MOTOR VEHICLE WEIGHT TAX [Approved.] ye. CR-HT 2013-07: on Bill No. 2484 A BILL FOR AN ORDINANCE AMENDING SECTION 5-1.1, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE COUNTY FUEL TAX [Motion to Approve as Amended; Failed] COUNCIL MEETING 5 MAY 8, 2013 2. ENVIRONMENTAL SERVICES / PUBLIC SAFETY / COMMUNITY ASSISTANCE COMMITTEE: a. CR-EPC 2013-05: on Bill No. 2479 A BILL FOR AN ORDINANCE AMENDING SUBSECTION (a) OF SECTION 21-9.2 OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO INTEGRATED SOLID WASTE MANAGEMENT [Motion to Approve; Failed] 3. PUBLIC WORKS / PARKS & RECREATION COMMITTEE: a. CR-PWPR 2013-14: on PWPR 2013-10 Communication (04/03/2013) from Committee Chair Kagawa, requesting the presence of the County Engineer and the Chief, Engineering Division, Department of Public Works, to provide an update on all County bridge projects, to include, but not be limited to, the Department's plan to maintain the historic nature of historic bridges, nature of repairs/rehabilitation, and targeted completion dates. [Received for the Record.] /b. CR-PWPR 2013-15: on Bill No. 2470 A BILL FOR AN ORDINANCE AMENDING SECTION 23-3.7 OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO CONCESSIONS AT SPOUTING HORN (Parks and Recreation Improvement and Maintenance Revolving Fund) [Approved as Amended.] • COUNCIL MEETING 6 MAY 8, 2013 4. FINANCE & ECONOMIC DEVELOPMENT (TOURISM / VISITOR INDUSTRY / SMALL BUSINESS DEVELOPMENT / SPORTS & RECREATION DEVELOPMENT / OTHER ECONOMIC DEVELOPMENT AREAS) COMMITTEE: a. CR-FED 2013-09: on Bill No. 2474 AN ORDINANCE AMENDING ORDINANCE NO. B-2012-736, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2012 THROUGH JUNE 30, 2013, BY REVISING THE AMOUNTS ESTIMATED IN THE GENERAL FUND AND THE BEAUTIFICATION FUND (General Fund - Department of Finance, General Liability Account - $764,194.00) [Approved.] ✓ b. CR-FED 2013-10: on Bill No. 2475 AN ORDINANCE AMENDING ORDINANCE NO. B-2012-736, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2012 THROUGH JUNE 30, 2013, BY REVISING THE AMOUNTS ESTIMATED IN THE DEBT SERVICE FUND (Debt Service Fund - $2,100,000.00) [Approved.] �-c. CR-FED 2013-11: on Bill No. 2476 AN ORDINANCE AMENDING ORDINANCE NO. B-2012-736, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2012 THROUGH JUNE 30, 2013, BY REVISING THE AMOUNTS ESTIMATED IN THE GOLF FUND (Golf Fund $51,459.00) [Approved.] COUNCIL MEETING 7 MAY 8, 2013 5. COMMITTEE OF THE WHOLE: Via. CR-COW 2013-06: on Bill No. 2477 AN ORDINANCE AMENDING ORDINANCE NO. B-2012-737, AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2012 THROUGH JUNE 30, 2013, BY AMENDING AN EXISTING BUDGET PROVISO IN THE CAPITAL BUDGET RELATING TO PROJECTS FUNDED WITH COMMUNITY FACILITIES DISTRICT BONDS [Approved.] /b. CR-COW 2013-07: on Bill No. 2478 A BILL FOR AN ORDINANCE TO AMEND SECTION 2, ORDINANCE NO. 891, AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE COUNTY OF KAUAI FOR THE PURPOSE OF FINANCING CERTAIN PUBLIC IMPROVEMENTS AND REFUNDING CERTAIN BONDS OF THE COUNTY; FIXING OR AUTHORIZING THE FIXING OF THE FORM, DENOMINATIONS, AND CERTAIN OTHER DETAILS OF SUCH BONDS AND PROVIDING FOR THE SALE OF SUCH BONDS TO THE PUBLIC [Approved.] I. RESOLUTIONS: 1. Resolution No. 2013-47, Draft 2 — RESOLUTION DETERMINING THE COUNTY OF KAUAI FUEL TAX RATE AND REPEALING RESOLUTION NO. 2004-06, DRAFT 2 (See also CR-HT 2013-03; the Housing and Transportation Committee approved Resolution No. 2013-47, Draft 1 as amended to Resolution No. 2013-47, Draft 2. Resolution No. 2013-47, Draft 2 failed passage by a vote of 2:3.) COUNCIL MEETING 8 MAY 8, 2013 2. Resolution No. 2013-51 — RESOLUTION ESTABLISHING TEMPORARY CLOSURE OF THROUGH TRAFFIC AT `EIWA STREET, LIHU`E DISTRICT, COUNTY OF KAUAI 3. Resolution No. 2013-52 — RESOLUTION REPEALING AN EXISTING CROSSWALK ON POIPU ROAD FRONTING KOLOA ELEMENTARY SCHOOL, KOLOA DISTRICT, COUNTY OF KAUAI 4. Resolution No. 2013-53 — RESOLUTION ESTABLISHING A RAPID FLASHING LIGHTING SYSTEM CROSSWALK AND AN IN-ROAD WARNING LIGHTING SYSTEM CROSSWALK ON POIPU ROAD IN THE VICINITY OF KOLOA ELEMENTARY SCHOOL, KOLOA DISTRICT, COUNTY OF KAUAI 5. Resolution No. 2013-54 — RESOLUTION ESTABLISHING STOP SIGNS AND STOP LINES ON OLOHENA ROAD AT ITS INTERSECTION WITH KA`APUNI ROAD, KAWAIHAU DISTRICT, COUNTY OF KAUAI J. BILLS FOR SECOND READING: 1. BILL NO. 2460, Draft 1 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 12, OF THE KAUAI COUNTY CODE 1987, AS AMENDED, ENTITLED "BUILDING CODE" (Deferred 04/24/2013) 2. BILL NO. 2470, Draft 1 — A BILL FOR AN ORDINANCE AMENDING SECTION 23-3.7 OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO CONCESSIONS AT SPOUTING HORN (Parks and Recreation Improvement and Maintenance Revolving Fund) (See also CR-PWPR 2013-15; the Public Works / Parks & Recreation Committee recommended approval as amended to Bill No. 2470, Draft 1 on May 1, 2013.) 3. BILL NO. 2474 — AN ORDINANCE AMENDING ORDINANCE NO. B-2012-736, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2012 THROUGH JUNE 30, 2013, BY REVISING THE AMOUNTS ESTIMATED IN THE GENERAL FUND AND THE BEAUTIFICATION FUND (General Fund — Department of Finance, General Liability Account — $764,194.00) (See also CR-FED 2013-09; the Finance & Economic Development (Tourism / Visitor Industry / Small Business Development / Sports & Recreation Development / Other Economic Development Areas) Committee recommended approval on second and final reading.) COUNCIL MEETING 9 MAY 8, 2013 4. BILL NO. 2475 — AN ORDINANCE AMENDING ORDINANCE NO. B-2012-736, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2012 THROUGH JUNE 30, 2013, BY REVISING THE AMOUNTS ESTIMATED IN THE DEBT SERVICE FUND (Debt Service Fund - $2,100,000.00) (See also CR-FED 2013-10; the Finance & Economic Development (Tourism / Visitor Industry / Small Business Development / Sports & Recreation Development / Other Economic Development Areas) Committee recommended approval on second and final reading.) 5. BILL NO. 2476 — AN ORDINANCE AMENDING ORDINANCE NO. B-2012-736, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2012 THROUGH JUNE 30, 2013, BY REVISING THE AMOUNTS ESTIMATED IN THE GOLF FUND (Golf Fund $51,459.00) (See also CR-FED 2013-11; the Finance & Economic Development (Tourism / Visitor Industry / Small Business Development / Sports & Recreation Development / Other Economic Development Areas) Committee recommended approval on second and final reading.) 6. BILL NO. 2477 — AN ORDINANCE AMENDING ORDINANCE NO. B-2012-737, AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2012 THROUGH JUNE 30, 2013, BY AMENDING AN EXISTING BUDGET PROVISO IN THE CAPITAL BUDGET RELATING TO PROJECTS FUNDED WITH COMMUNITY FACILITIES DISTRICT BONDS (See also CR-COW 2013-06; the Committee of the Whole recommended approval on second and final reading.) 7. BILL NO. 2478 — A BILL FOR AN ORDINANCE TO AMEND SECTION 2, ORDINANCE NO. 891, AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE COUNTY OF KAUAI FOR THE PURPOSE OF FINANCING CERTAIN PUBLIC IMPROVEMENTS AND REFUNDING CERTAIN BONDS OF THE COUNTY; FIXING OR AUTHORIZING THE FIXING OF THE FORM, DENOMINATIONS, AND CERTAIN OTHER DETAILS OF SUCH BONDS AND PROVIDING FOR THE SALE OF SUCH BONDS TO THE PUBLIC (See also CR-COW 2013-07; the Committee of the Whole recommended approval on second and final reading.) 8. Bill No. 2479 — A BILL FOR AN ORDINANCE AMENDING SUBSECTION (a) OF SECTION 21-9.2 OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO INTEGRATED SOLID WASTE MANAGEMENT (See also CR-EPC 2013-05;Bill No. 2479 failed passage by a vote of 1:4.) COUNCIL MEETING 10 MAY 8, 2013 9. BILL NO. 2480, Draft 1 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 17A, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO BUS FARES (See also CR-HT 2013-04; the Housing & Transportation Committee recommended approval as amended to Bill No. 2480, Draft 1 on May 1, 2013.) 10.BILL NO. 2481 — A BILL FOR AN ORDINANCE AMENDING SECTION 5-2.4, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO MOTOR VEHICLE CERTIFICATE OF OWNERSHIP AND REGISTRATION FEES (See also CR-HT 2013-05; the Housing & Transportation Committee recommended approval on second and final reading.) 11.BILL NO. 2482 — A BILL FOR AN ORDINANCE AMENDING SECTION 5-2.3, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE COUNTY MOTOR VEHICLE WEIGHT TAX (See also CR-HT 2013-06; the Housing & Transportation Committee recommended approval on second and final reading.) 12.BILL NO. 2484, Draft 1 — A BILL FOR AN ORDINANCE AMENDING SECTION 5-1.1, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE COUNTY FUEL TAX (See also CR-HT 2013-07; the Housing & Transportation Committee approved Bill No. 2484 as amended to Bill No. 2484, Draft 1. Bill No. 2484, Draft 1 failed passage by a vote of 1:4.) K. EXECUTIVE SESSION: Pursuant to Hawaii Revised Statutes (HRS) §92-7(a), the Council may, when deemed necessary, hold an Executive Session on any agenda item without written public notice if the Executive Session was not anticipated in advance. Any such Executive Session shall be held pursuant to HRS§92-4 and shall be limited to those items described in HRS §92-5(a). (Confidential reports on file in the County Attorney's Office and/or the County Clerk's Office. Discussions held in Executive Session are closed to the public.) 1. ES-610 Pursuant to Hawaii Revised Statutes (HRS) Sections 92-4, 92-5(a)(4), and Kaua`i County Charter Section 3.07(E), on behalf of the Council, the Office of the County Attorney requests an Executive Session with the Council to provide the Council with a briefing related to the procurement matter and recommendations as stated in the Management Advisory Report Finding 12-01 "Review Purchasing and Procurement Process of Independent Contractors," and related matters. This briefing and consultation involves the consideration of the powers, duties, privileges, immunities, and/or liabilities of the Council and the County as they relate to this agenda item. (Deferred 04/24/2013) COUNCIL MEETING 11 MAY 8, 2013 /2. ES-628 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4, 92-5(a)(4), and Kaua`i County Charter Section 3.07(E), the Office of the County Attorney, on behalf of the Council, requests an Executive Session with the Council to provide the Council with a briefing to update the Council in Lynell Tokuda, et al. vs. Chris Calio, et al., Civil No. 13-1-0049 RV (Fifth Circuit Court) and related matters. This briefing and consultation involves the consideration of the powers, duties, privileges, immunities, and/or liabilities of the Council and the County as they relate to this agenda item. p>3. ES-629 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4 and 92-5(a)(3), and (4), and Kaua`i County Charter Section 3.07(E), the purpose of this Executive Session is for the Council to address issues relating to on-going labor negotiations and related matters and to consult with the County Attorney. This briefing and consultation involves the consideration of the powers, duties, privileges, immunities, and/or liabilities of the Council and the County as they relate to this agenda item. y 4. ES-630 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-5(a)(4) and Kaua`i County Charter Section 3.07(E), the purpose of this Executive Session is to allow Council to consult with the County Attorney and Director of Finance on questions and issues pertaining to car allowances and related matters. This briefing and consultation involves the consideration of the powers, duties, privileges, immunities, and/or liabilities of the Council and the County as they relate to this agenda item. 5. ES-631 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4 and 92-5(a)(4) and Kaua`i County Charter Section 3.07(E), the Office of the County Attorney, on behalf of the Council, requests an Executive Session with the Council, to consult with Special Counsel relating to the investigation of personnel matters involving the Office of the County Auditor and related matters. This briefing and consultation involves consideration of the powers, duties, privileges, immunities and/or liabilities of the Council and the County as they relate to this agenda item. / 6. ES-632 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4 and 92-5(a)(4) and (8), and Kauai County Charter Section 3.07(E), the purpose of this Executive Session is to provide the Council with a briefing as it relates to Defendant Shaylene Iseri-Carvalho in Tim Bynum vs. County of Kaua`i, et al., Civil No. CV12-00523 RLP (U.S. District Court), and related matters. This briefing and consultation involves consideration of the powers, duties, privileges, immunities and/or liabilities of the Council and the County as they relate to this agenda item. COUNCIL MEETING 12 MAY 8, 2013 i7. ES-633 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4 and 92-5(a)(2), (4) and (8), and Kaua`i County Charter Section 3.07(E), the purpose of this Executive Session is for the Council to consult with the County Attorney on personnel issues relating to the Office of the County Clerk, including the succession and promotion of individual employees, and related matters. This briefing and consultation involves consideration of the powers, duties, privileges, immunities and/or liabilities of the Council and the County as they relate to this agenda item. L. ADJOURNMENT. M. NOTE: SPECIAL ACCOMMODATIONS AND SIGN LANGUAGE INTERPRETER AND INTERPRETERS FOR NON-ENGLISH SPEAKING PERSONS ARE AVAILABLE UPON REQUEST FIVE (5) DAYS PRIOR TO THE MEETING DATE, TO THE COUNTY CLERK, 4396 RICE STREET, SUITE 209, LIHU`E, KAUAI, HAWAII 96766. TELEPHONE NO. (808) 241-4188. FACSIMILE NO. (808) 241-6349.